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BROWN v. U.S.

No. 17-1420.

929 F.3d 554 (2019)

Jerry N. BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2019.

Attorney(s) appearing for the Case

Daniel P. Goldberg , Appellate Atty., Office of the Fed. Public Defender, Kansas City, MO, orgued ( Laine Cardarella , Fed. Public Defender, on the bried), for appellant.

James J. Kelleher , Asst. U.S. Atty., Springfield, MO, argued ( Timothy A. Garrison , U.S. Atty., Philip M. Koppe , Asst. U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before LOKEN, GRASZ, and STRAS, Circuit Judges.

The question in this case is whether Jerry Brown's 1977 Missouri conviction of second-degree burglary is a "violent felony" under the Armed Career Criminal Act. Because we conclude that it is not, we remand for resentencing.

I.

In 2007, Brown pleaded guilty to being a felon in possession of a firearm. The...

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